Indigo Agriculture Europe GmbH and its affiliates (collectively, “Indigo”, “(“we,” “our” or “us”) recognise/s that your privacy is very important to you and we are committed to protecting your (“your,” “you’) Personal Data.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Indigo offers a range of services (“Services”) consisting of the services offered by Indigo or its subsidiaries, now or in the future, and any content including, without limitation, agronomic product service offerings, carbon product service offerings, SMS-based preliminary indications, indication acceptances, binding contract offers and acceptances, market data, price information, connectivity, contract confirmation, and messaging.
The Services may be made available to you through any of the existing and future electronic systems, APIs, SMS platforms and other platforms (collectively, the “Systems”).
This policy also includes our credit reporting policy, that is, it additionally covers how we manage your Personal Data collected in connection with a credit application, such as details relating to your credit history, credit standing, credit capacity and credit worthiness (“credit information”).
A separate policy applies to the collection and use of Personal Data of Indigo employees and other staff.
The kinds of Personal Data we collect and process, by or on behalf of us, include:
Contact Information: such as: your name, address, email address, telephone number,
Personal Details Information: such as: your name, date of birth, employer, profession and job title.
Technical Information: such as: technical data collected about your interaction with our websites, mobile applications and email communications including IP address; log files; unique device identifiers; pages viewed; date and time of access; content of request; username; password; usage data; device type; browser type and settings; language settings; aggregate statistical information; transferred volume of data; and website requesting access.
Location Information: such as location data.
Marketing Data: such as: cookie data; browsing history; advertising interests; responses to direct marketing and opt-outs from direct marketing.
Grower Data: such as: grower offers; transport offers; crop data; agronomic data; land data; satellite imagery data, and grower management data.
Financial Information: such as: payment information; bank details; liens; card details; purchase interests and purchase history.
Credit Information: If applicable, as based upon your participation in Indigo Marketplace, we may collect credit information. By applying for our services, you agree that we may obtain this credit information from you or from a credit reporting body. This information may include:
You can choose not to provide your Personal Data to us, but generally the information we request from you is required in order for us to provide you the goods and services we offer.
Generally, we collect Personal Data from:
With regard to Site use, components of our Site may use “cookies” (these are files that are implanted in your hard drive by some websites to store information about your web use patterns) to enhance or personalise your use of our Site. Cookies allow for the collection of information such as:
These cookies may also be used to collect and store information about your usage of certain components of our Site. We or our service providers may in any case collect anonymous information that allows us to review information about the date, time and duration of visits to our components of our Site without identifying you.
Pixel tags, web beacons, clear GIFs, or other similar technologies may be used in connection with our Site to track the way you use our Site and to compile statistics about site usage and response rates. This information is generally automatically provided to us by your web browser.
The primary purpose(s) we collect your Personal Data is to:
You agree that we may use your Personal Data for any of these purposes.
The legal basis for processing your Personal Data in connection with the purposes may, depending on the circumstances, rely on any of the following legal bases:
To the extent applicable for your participation in Indigo Marketplace, we use the credit information that we obtain from you or a credit reporting body and information we derive from such information strictly for the purpose of assessing your application for credit. If you do not authorize us to obtain credit information about you, we may be unable to assess your creditworthiness and therefore your suitability for any prepayment or participation in certain products or programs. In such circumstances, your request for credit may be refused.
To the extent applicable for your participation in Indigo Marketplace, we may disclose your Personal Data to credit reporting bodies where we are permitted to do so by law, for example, in circumstances where you fail to meet your payment obligations in relation to customer credit. These credit reporting bodies may include any such information in reports provided to other credit providers to assist them to assess your credit worthiness.
So that we may use your information for the purposes identified above, we may disclose it to external providers of services, for example, without limitation, entities providing validation services, crop analysis, providers of security, marketing and IT services. We may also outsource certain functions of our business.
We may disclose Personal Data to related entities and you may receive communications directly from these entities in order that you may receive information about products, services and/or event that may be of interest to you. These communications may include information and marketing communications about their products and services. We use reasonable endeavours to ensure that these companies do not breach any U.S. laws, however, we disclaim all liability for any unlawful use of your Personal Data by an affiliated or associated company.
We may disclose your Personal Data to the extent that we are required to do so by law, including in connection with any legal proceedings, anticipated legal proceedings or regulatory administrative matters, or in order to comply with any legal obligation, or to establish, exercise or defend our legal rights or in response to a request from law enforcement or governmental agencies. We may sell, transfer, or otherwise disclose our database of Personal Data to an actual or potential successor entity, purchaser, or investor in connection with a corporate merger, consolidation, sale of our assets or a substantial part of our assets, share sale, investment transaction or other corporate rearrangement.
We may disclose your Personal Data to a prospective seller or buyer for the purpose of selling, merging or transferring all or a portion of our business or assets in order to enable such transfer.
If you make a payment via our Site or one of our apps or directly to us or one of our dealers your Personal Data may need to be provided to third parties for the purpose of processing such payments.
You agree that we may disclose your Personal Data in any of these circumstances. We disclaim all liability for any privacy breaches by third parties to whom we have disclosed your Personal Data in accordance with this policy.
Indigo will assure that any third party service provider that Indigo shares or discloses information with will legally be required to provide the same or equal protection of user data as provided by Indigo.
You may withdraw your consent to use or disclose your Personal Data at any time. To withdraw this consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with any services.
Your Personal Data may be transferred overseas if we sell, transfer or disclose our database of Personal Data to an actual or potential successor entity, purchaser or investor who is located or has offices overseas in order to enable such actual or potential transfer. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.
In the case of transfers to third parties, or to certain affiliate(s), we facilitate such transfers on the basis of standard contractual clauses, or, as applicable, our Privacy Shield certification. You may request a copy of the safeguards by contacting us using the information in the “Contact Us” section.
Once in our possession, we take all reasonable precautions to protect the personal and credit information we hold about you from misuse, interference and loss and unauthorized access, modification or disclosure.
Whilst we endeavour to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We therefore cannot warrant the security of any information you provide to us over the internet and you do so at your own risk.
We encourage you to play an important role in keeping your Personal Data secure, by maintaining the confidentiality of any passwords and account details used on our Site. It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to such disclosure.
Indigo processes Personal Data in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. Additionally:
With regard to your use of certain components of the Site, certain components of our Site may contain links to third party websites and social media features that are hosted by a third party. Links to other websites do not constitute sponsorship, endorsement or approval of the information found on those websites. You should evaluate the accuracy, relevance and suitability for your purposes of any such information. We are not responsible for the privacy policies or practices of third party websites, and your interactions with any social media features are governed by the privacy policies and practices of the hosting entities.
We aim to ensure that your personal and credit information is accurate, complete and up to date. To assist us, please contact us via the details below if any of your details provided have changed or if you believe that the information we hold is inaccurate.
You may request us to provide you with access to the personal or credit information we hold about you at any time. We will respond to your access request as soon as possible, however, prior to disclosing any such information it may be necessary for you to satisfactorily verify your identity.
There are exceptional circumstances where access to or correction of your personal or credit information may be refused by us such as where access would be unlawful. We will advise you of such circumstances if they arise.
You may limit the collection of certain website information by deleting or disabling cookies. Most computers' internet browsers enable you to erase stored cookies, block all cookies, or receive a warning before a cookie is stored. Disabling cookies may prevent you from using specific features on our Site or other websites, such as ordering products or Services and maintaining an online account.
Please note that many opt outs use browser cookies or device controls and are specific to the device, or browser, you are using. If you buy a new computer, change web browsers or devices, or delete the cookies on your computer, you may need to opt out again.
We do not knowingly intend to collect information from or direct Indigo Services to children age 16 and under. If Indigo learns that information has been received from a child under 16, then Indigo will delete such information.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Indigo is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain confirmation of whether Indigo maintains personal information relating to you in the United States. Upon request, Indigo will provide you with access to the personal information that Indigo holds about you. You may also correct, amend, or delete the personal information Indigo holds about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to email@example.com. If requested to remove data, Indigo will respond within a reasonable timeframe.
Indigo will provide an individual opt-out choice, or opt-in for sensitive data, before Indigo shares your data with third parties other than our agents, or before Indigo uses it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to firstname.lastname@example.org.
In certain situations, Indigo may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Indigo’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Indigo remain(s) responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Indigo prove(s) that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Indigo commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Privacy Shield Policy set forth above. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Indigo via the contact information set forth in the “Contact Us” section.
Indigo has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
The following terms are specific and controlling with regard to the mobile applications running on Apple platform, specifically Indigo Marketplace (iOS) and Indigo Fields (iOS) (collectively the “iOS Apps”):
Indigo collects usage data and technical information to conduct mobile analytics and shares the same with third-party analytics providers for the purpose of improving the functionality of the iOS Apps and gathering information on their use. Indigo does not share your location data with third parties except if required by law. The iOS Apps will ask for your permission before collecting analytics, and you may opt-out at any time by toggling the “Analytics” switch to “off” in the PRODUCT IMPROVEMENTS section of the iOS Settings screen. The iOS Apps are intended only for users in specified countries- please check the Apple App Store for availability.
Indigo may contact you by email, text or via other electronic communication to provide you with marketing materials about Indigo products or services that may be on interest to you. If you do not wish to receive such communications, you may follow the unsubscribe options provided in such marketing communications.
Subject to applicable law, you have the following rights regarding your Personal Data that we process:
If you wish to exercise any of these rights please contact us using the information set forth in the “Contact Us” section. To the extent possible and required under law, we will notify third parties with whom we have shared your Personal Data of any request for correction, deletion and/or restriction to the processing of your Personal Data, however, we cannot guarantee that third parties will comply with your requests and it is advised that you contact those third parties directly. It is your responsibility to ensure that your Personal Data held by Indigo is accurate, complete and up-to-date.
Privacy Officer, Indigo
4052 Basel, Switzerland
This policy will be reviewed from time to time to take account of new laws and/or changes to our operations. Any information we hold about you will be governed by our most current policy. We recommend that you periodically review this policy for any changes.
Last Updated: November 24, 2020